Category: Uncategorized

Poorly planned out scoping meetings

Kenneth Collins is a well-known opponent of the PennEast pipeline. You might have seen his youtube videos floating around urging home owners to deny PennEast access to their land and force eminent domain court cases up and down the entire route. His thesis is that if PennEast were faced with mass eminent domain hearings, they would likely pack it up and go home rather than run that gauntlet and likely incur mass negative publicity.

Kenneth isn’t just about eminent domain though. In his submission below he points out the inadequacies of the scoping meetings:

I hereby request that FERC extend the scoping period for this proposed project for an additional 90 to 120 days and require at least one more scoping meeting in each of the two directly impacted states, NJ and PA. The scoping meetings that were held served to disenfranchise the public for various reasons:

• The severely cold weather, ice and snow resulted in dangerous driving conditions that prevented many people from travelling to the scoping meetings.

• Many of the chosen facilities utilized for the scoping meetings presented challenges for the handicapped that made it excessively arduous for them
to attend. The venue at the Northampton Community College in Easton, PA in particular was far less than handicapped friendly.

• Many of the venues utilized had inadequate parking, specifically the West Trenton Ballroom and The Grand Colonial. At the West Trenton Ballroom the parking area was full an walking from anywhere nearby was very dangerous due to the frozen snow and high traffic location. Some attendees parked on the firehouse lawn and were threatened to be towed, but many people were disenfranchised and simply left because there was not adequate parking. The venue in Wilkes-Barre had parking two blocks away on a brutally cold evening that was dangerous for many to be out on. The Grand Colonial lot filled up quickly and the press reported, “Because vehicles of those attending filled its parking lot, there were dozens of cars and trucks parked along the highway, almost as far west as the State Police Perryville station.”
http://www.nj.com/hunterdon-county- democrat/index.ssf/2015/02/300_at_penneast_meeting_almost_all_speakers_op pose.html

• FERC failed to properly manage the scoping meeting held at the West Trenton Ballroom, and as a result many people who signed up to comment were not afforded the opportunity to do so. People who signed up to speak were told they would not be allowed to because the meeting was over. Understandably this upset those who were disenfranchised, and since there was only one more scopin meeting scheduled for the next night an hour drive time away, those who were refused the opportunity to speak at the West Trenton Ballroom were denied the chance to speak, and incensed with the process.

• The Obama Administration is in the process of rolling out new methane standards in accordance with the Global Methane Initiative. These new standards are to be rolled out this year, and the environmental impacts of this project must be in accordance with those standards. It is not possible to properly assessthe environmental impact of this project until these new methane standards are made public and PennEast makes measures to conform to these standards available to the public. We can’t evaluate the technology if it has not been made available to us, and as a result we can not present our concerns relevant to the EIS.

I ask that FERC schedule these two additional scoping meetings without delay and extend the scoping period by a minimum of 90 days.

I talked to some people at the Thursday scoping meeting in Hunterdon and they claimed that “budgets” were the reason that scoping meetings were so few and far between. This is ludicrous – when considering the impact of a billion dollar, 3 foot wide high pressure natural gas pipeline you shouldn’t use money as an excuse for cutting corners. The government should not be cutting corners with people’s lives. My neighbor was at the Trenton meeting and said the place was packed solid and many people couldn’t speak. I saw the same at the Hunterdon county meeting.

The FERC should not cut corners and should not rubber stamp this pipeline. There are literally thousands of submissions to the FERC web site in opposition of this pipeline. Hundreds of people have taken up the daunting task of testifying in person to the FERC and public in opposition of this pipeline. The FERC needs to slow down and carefully consider all of the facts before them, and give local residents more time to consider the route(s) and comment on them to the FERC.

Kenneth’s submission is below:

Kenneth Collins submission – FERC Generated PDF

Kenneth Collins submission – FERC Generated PDF Alternate Site

Issues with routing

Ned from Easton, PA writes to the FERC pointing out how bad the PennEast pipeline route is – and how easy it would be to fix it.

We are opposed to the PennEast pipeline project, and we call on the FERC to return a “no action” judgment for many unwise engineering decisions the company appears poised to make.

For example, how many interconnects does PennEast truly need with Transco/Columbia Gas pipeline in Williams and Lower Saucon Townships, Northampton County? The so-called Hellertown Lateral which hugs the northern side of Interstate 78’s west-bound lane from milepost 69.0 to its terminus in the existing city gate facility on the Hellertown- Raubsville Road, would, if built, provide an Interconnect between PennEast’s proposed system and Transco/Columbia Gas system. That being the case, why is a second Interconnect planned nearby at milepost 71.4 on land tract P9-7-13? Furthermore, with two Interconnects proposed within 4.5 miles of each other, why does PennEast need a separate right- of-way to connect those points (meaning the ROW as currently proposed to run from milepost 69.0 to 71.4)? Why not co-locate with the existing Transco/Columbia pipeline at least between these interconnection points which they plan to link? The second Transco Interconnect (the one proposed near milepost 71.4) is in remote, steeply sloped, inaccessible terrain more than 1500 feet from the nearest highway and, as proposed, will require construction of a dedicated access road to construct and to service it. The one at the western end of the Hellertown lateral is 10 ft from a major highway (the Hellertown-Raubsville Road) and has a truck- suitable entrance. Why can’t this Interconnect serve any gas cross-over needs between PennEast and Transco/Columbia?

Cannot FERC see that with poor judgments in planning such as this — and with the countless other engineering deficiencies, environmental challenges, and destruction of cultural/native peoples’ habitats as pointed out by numerous other commenters — that this entire PennEast Pipeline project is an unmitigated disaster? As noted above we urge a “no action” solution or, less preferably, a re-routing of the ROW from milepost 69 onto the Hellertown lateral with subsequent co-location on the Transco/Columbia ROW to reach tract P9-7-13 at presently designated milepost 71.4 and beyond.

See Ned’s submission below:

Ned from Easton PA – FERC Generated PDF

Ned from Easton PA – FERC Generated PDF Alternate Site

Comments from a member of the West Amwell Pipeline committee

Jennifer Andreoli commented to the FERC as part of West Amwell’s Pipeline Committee, link here:

West Amwell Pipeline Committee Member Coments – FERC Generated PDF

West Amwell Pipeline Committee Member Coments – FERC Generated PDF Alternate Site

Please read her comments in full, but this passage in particular really struck me:

If you put aside the extremes, the environmentalists and the pipeline companies, you are left with the citizens impacted by the pipeline. As one of these average citizens I can tell you there is an awful lot of conflicting evidence from both sides. Because of this I felt it necessary to talk to other average citizens who have been impacted by similar applications in other towns. Speaking directly to these people is where I found truth on the aftermath of these applications. There are two key points that struck me more than even the evidence on the environmental impact and potential economic boon for the region.

The farmer. I spoke with a woman from PA and found she has had similar problems as our own Mr. Fulper in West Amwell Township with pipelines. The crop yield is lower on and surrounding the lines, the destruction from the installation is not repairable; the disregard by pipeline companies of the land is disheartening. Both of these individuals have had issues with the pipeline companies coming on their property, destroying property, crops and soils, doing what the company claims are routine maintenance without prior notification. In both cases, the pipeline companies after much arguing and threats to contact attorneys would only offer a minimal monetary compensation for the loss. Even going as far as to tell both farmers, go ahead and take us to court, it will cost you more in legal fees. That was a disturbing discovery especially in light of the fact these are private companies being given permission by our federal government to take land from individuals. When questioned, our government repeats these private companies are required to follow certain rules, regulations and standards of practice which it appears no one holds them accountable to.

Historic Stockton Farm Threatened by Pipeline

Dan and Carla from Stockton, NJ writes to the FERC:

Our property is a preserved farm of approximately 137 acres in Delaware Township NJ. The preferred alternative route for the pipeline that is currently proposed by PennEast would traverse the entire length of our acreage. We oppose this pipeline for many reasons which are of an economic, environmental, and legal basis.

First of all, economically, our farm would lose significant value if this pipeline is allowed to bisect it. The proposed alternative route appears to be very close to our residence. Assurances from PennEast employees notwithstanding, all real estate professionals with whom we have spoken have opined that property values would decrease dramatically. How does PennEast intend to compensate us for what we anticipated to be our retirement nest egg? The pittance they hope to pay for a right of way could not begin to approach the loss we will incur if our residence is located within the “impact zone” of a natural gas pipeline.

Many farmers have documented the loss of crop yields on land they use after pipelines have been constructed. We worked hard to establish high quality hay fields, on which we use minimal chemicals. The construction & maintenance of a natural gas pipeline through our farm fields will cause compaction of our loam soils, some of which have been rated as prime & in the top seventy five percentile of statewide importance. How does PennEast intend to protect our soils, allowing them to produce as they do now? The techniques currently employed to minimize damage to the soil strata have been shown as ineffective. The damage cannot be undone once the soil is torn apart & the layers separated. We will lose the use of our prime hay fields as well as suffer reduced yields where we are still able to farm.

Our farm is also of historical significance, having been in operation since the 1700s. In front of our house is a stone hitching post, next to a stone wagon mounting block. We have uncovered old wells & cisterns which were built with stones. The property is contingent to the Rosemont Agricultural Historical District in the area of New Jersey’s only remaining covered bridge.

Environmentally, there are many considerations. The first would be the already mentioned soil compaction. We also have two ponds, one of which is fed by Plum Brook, a stream traversing the northern, wooded section of our farm. Plum Brook is home to minks, beaver, & muskrat, to name a few. The brook feeds into the Wickecheoke Creek, which makes its way to the Delaware River. The pond in our forest contains many fish, including bass & many species of turtles. The pipeline is proposed to cut through Plum Brook, which will cause devastation to the wildlife habitat. To the south of Plum Brook is an open grassland area which we provide for the birds who nest in such areas. Bobolinks & Eastern Meadowlarks live here and breed; their numbers are in decline due to a lack of territory, so we feel it is necessary to set aside land where they will be able to thrive. Another bird in decline that we are involved in trying to help is the threatened American Kestrel. Our farm has been part of the New Jersey American Kestrel Nest Box Project for the past 5 or 6 years, allowing the state to place the nesting boxes on the utility poles which cross our hay fields. Many baby kestrels have been born & banded here. Putting this pipeline adjacent to the power line will increase the already hot summer temperatures, making the survival of these precious babies less likely.

Legally, we have concerns about the selection of preserved farmland for a pipeline. As owners of a preserved farm, we are legally obligated to abide by five pages of deed restrictions. One of these restrictions reads as follows:

“No sand, gravel, loam, rock, or other minerals shall be deposited on or removed from the Premises excepting only those materials required for the agricultural purpose for which the land is being used.”

Another restriction follows:

“No activity shall be permitted on the Premises which would be detrimental to drainage, flood control, water conservation, erosion control, or soil conservation, nor shall any other activity be permitted which would be detrimental to the continued agricultural use of the Premises.”.
How can we be bound by law to uphold restrictions to the use of our property, yet a private company could be allowed by the FERC to violate those legal encumbrances?

We have sacrificed & struggled to return this farm from the neglected, fallow fields we originally found here, to a productive, self sufficient homestead. Our electricity is completely solar generated. We grow our own vegetables & hay for our horses. We try to live frugally, with respect for the land, mindful of our carbon footprint. We pay our taxes & our mortgage. This is our dream, the American Dream. Allowing the PennEast pipeline to be constructed through our farm would turn that dream into a nightmare. We will stand with our neighbors & refuse to allow this private, for-profit LLC access to our land. No action should be the determination by FERC in PennEast’s bid to destroy our preserved lands.

Like Dan and Carla I don’t understand how eminent domain can be used to take away land protected by the state. Doing a little research I came upon the following article – this discusses electrical power lines instead of gas ones, but I believe the principles are the same:

Protected Conservation Easements from Eminent Domain

The article states:

With respect to property owned wholly by a private entity, the FERC permit would entitle the permit holder to acquire a necessary right-of-way by eminent domain if the holder could not acquire the right-of-way through negotiation with the property owner. The court with jurisdiction over the condemnation proceedings would determine the just compensation owed, which would be the fair market value of the property on the date of the condemnation (including applicable severance damages).26
FERC permit holders may not, however, condemn property owned by the United States or a state. The 824p(e) exception states:

In the case of a permit under subsection (b) for electric transmission facilities to be located on property other than property owned by the United States or a State, . . . the permit holder may acquire the right-of-way by the exercise of the right of eminent domain[.]
(Emphasis added.) Thus, because the exception precludes the use of eminent domain, if FERC were to issue a permit for a transmission facility slated to cross any federal or state property, the permit holder would need to reach agreement with the federal or state agency responsible for managing that property in order to obtain a right-of-way.27

The scope of the 824p(e) exception is uncertain. Whether the exception prohibits condemnation of partial interests in land (such as conservation easements) held or co-held by federal or state government has not been indicated by Congress and not yet determined by a court. The 824p(e) exception will apply to partial interests in land to the extent that these interests are considered “property,” and can be “owned.” Conservationists and some land management agencies presumably will seek an expansive interpretation of these terms to maximize the scope of the 824p(e) exception. DOE, FERC, and utility companies, in contrast, are likely to seek a narrow interpretation of these terms to maximize siting options.

So the question becomes, can farmland and Open Spaces protected by NJ open spaces easements be protected in this manner? I wish I knew the answer. I know all local conservation organizations up to the county level are against the pipeline (the Hunterdon County Board of Freeholders gave a resounding speech against the pipeline last night at the FERC scoping meeting). I have several state representatives and senators are against the pipeline. But I haven’t found any documentation on state agencies weighing in.

Carla and Dan’s submission is below:

Carla and Dan’s submission – FERC Generated PDF

Carla and Dan’s submission – FERC Generated PDF Alternate Site

Crossing the Appalachian Trail

Dan of Bath, PA writes about the pipeline crossing the historic Appalachian Trail.

I am concerned about the impacts of building this pipeline and other proposed pipelines that cross the Appalachian trail. Furthermore, I have concerns in general about a large increase in the development of natural gas reserves and the impact of using those reserves quickly on climate change and air and water pollution. I believe that FERC and it’s environmental impact statement should address the issues of not only the creation of the pipeline and where it’s sited, but also the larger impacts of exploiting these resources quickly based on creating new large capacity pipelines, and their potential pollution impacts and health costs including the release of atmospheric gases and contaminated water. This should include the rate of development of these natural gas reserves and consideration of the fact that PA and NJ rank in the top 10 of all of the states with the highest levels of air pollution. If FERC should be weighing the public benefit of the building this pipeline then it should consider the cost of the health impacts of air pollution on the public. Current air pollution maps show that the terminus for this pipeline is one of the highest areas of air pollution in the country. Long term health impacts to the millions of people living in the area should be weighed against the benefit of employing 2000 construction workers for 8 months or even the profits of even cheaper natural gas to the communities purporting to benefit from this pipeline.

I volunteer maintaining the Appalachian National Scenic Trail (AT) and personally spend over 100 hours a year working to support the trail. I am concerned about new fragmentation of the forest along the trail. New cuts through the forest create openings for invasives and also cause fragmentation of contiguous forest cover which impacts some species of wildlife. I would like to see this new pipeline co-aligned along existing infrastructure particularly in areas where it crosses forested lands such as the AT. For instance, in this case, the pipeline could be co-aligned with a powerline crossing of the AT that is a short distance away from the proposed AT crossing (between Delps and Little Gap.)

I am concerned that during construction the PennEast construction contractor may not want the public to use the trail or trailheads that cross their construction area. The trails must remain open like any other transportation corridor (road, powerline, etc).

I was involved in the monitoring of the construction of the recent Williams-Transco pipeline in the section called “Wind Gap loop” where the new pipeline crossed the Appalachian Trail – FERC docket – PF06-32-000 and have found that although best practices were followed in the construction and restoration of the land after the construction of that pipeline, there has been little recovery of the “temporary” buffer area that was cleared during construction. Most of the trees replanted have died. Invasives have spread throughout the cleared area. The so-called temporary buffer is not temporary in terms of the forest damage caused looking back over 8 years.

Following up on the above experience, I don’t understand why this pipeline that starts and ends in basically the same area as the Williams- Transco pipeline isn’t using the same ROW. Transco has 4 lines installed in the ROW the oldest of which is quite small. As an alternative, the smallest of those could be purchased by PennEast and replaced with a larger pipe, staying basically within the same ROW. This would involve less direct impact across new areas.

In the past month, I’ve read about natural gas explosions in NJ leveling a home and causing evacuations of a neighborhood and many injuries. I’ve read about explosions further away in West Virginia and locally last winter in Allentown and Moorestown PA. Clearly the companies (including the PennEast member companies) that provide this dangerous explosive gas are not following best practices as their buried pipelines have failed as the infrastructure ages and they have failed to replace and repair them. I’m concerned that if this line is built it will one day in the future have a catastrophic failure and cause injuries and death. I’m also concerned that power generation stations and industries that solely depend on it will become huge liabilities in the case of fuel delivery failure.

As people in the FERC scoping meetings have stated, many people’s objections are not based on theories or conjecture, but on observed fact. Many many pipelines have been built before and we have objective evidence of the end results. The most telling part of Dan’s submission for me is what he learned from a pipeline through the A.T. several years ago:

I was involved in the monitoring of the construction of the recent Williams-Transco pipeline in the section called “Wind Gap loop” where the new pipeline crossed the Appalachian Trail – FERC docket – PF06-32-000 and have found that although best practices were followed in the construction and restoration of the land after the construction of that pipeline, there has been little recovery of the “temporary” buffer area that was cleared during construction. Most of the trees replanted have died. Invasives have spread throughout the cleared area. The so-called temporary buffer is not temporary in terms of the forest damage caused looking back over 8 years.

Let’s hope the FERC listens.

Dan’s submission is below:

 
Dan’s submission – FERC Generated PDF

Dan’s submission – FERC Generated PDF Alternate Site